S198 in Labour Relations Act

S198 has transformed the landscape of short term and temporary contract candidate. Provision is still made for flexible staffing.

The implementation of the amendment is to prevent “permanent” temps, who earn at rates significantly below their fellow employees and are not afforded to opportunities given to their colleagues.

What is s198 and how does it apply to you?

The adjustment is made for contracts beyond 3 months where they are allowed when justifiable reasons are considered.

S198 states that candidates that have contracts beyond 3 months are deemed to be permanent employees of the client and therefore are eligible for equal pay, benefits and conditions of permanent employees of the client organisation.

We ensure that short term candidate do earn in line with the client's permanent staff.

When you can have flexible staff

The is a much concern and confusion about the 3 month deeming provision and whether you can take on candidates for short term assignments through Temporary Employment Services (TES).

In a nutshell, you may take on candidates to meet your short term staffing needs. S198 has given a list of “Justifiable Reasons” that can guide you in making the correct decision.

For each individual assignment, Personnel Avenue will make sure that the contract with the candidate includes the correct “Justifiable Reason”.

This will give you the assurance you need.

POPI Act

There is a lot of media attention on the upcoming POPI Act - the Protection of Personal Information Act. The objective of POPI is to protect the personal information of individuals that is processed by public and private bodies. This is an important part of a world-wide effort to combat criminal activity through identity theft.

As additional protection to the individual, the incorrect use of personal information for reasons other than those which it was given could get one reported to the Regulator.

Personnel Avenue assures both our clients and candidates that their personal information is protected as per the upcoming POPI Act requirements.

SOCIAL MEDIA

As we know, social media has become a normal way of life. There are a great variety of options that enable people to follow, engage and interact. Candidates may be active on different social media platforms and their social media activities may result in them being discriminated against due to perceptions of the observer. In addition, the POPI Act will have an influence as it is being promulgated to protect people's personal information.

CLIENTS

As a client, we would urge you to consider the potential pitfalls of using social media activity as a tool to screen potential candidates for employment. What is reflected by candidates on social media does not necessarily reflect their true professional abilities or cultural fit. The activity, or non-activity, on social media can create an artificial persona. People can manipulate their presence in a way that creates a favourable perception, or their activities and commentaries may be lost when not understanding their context.

CANDIDATES

For a job seeker, are you aware that your social media activities may cost you the chance of finding employment? Employers are scrutinizing how you act and interact on social media as a possible screening tool. Be aware that any postings, likes, tweets can create a different perception of your skills, expertise and fit in an organisation.